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Had my latest Esa claim disallowed!! Again!!
- JANICE
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14 years 11 months ago #37414 by JANICE
Had my latest Esa claim disallowed!! Again!! was created by JANICE
Hi there, this quite a complicated query So I will list the relevant points
Original ESA claim August 2009
Disallowed ESA ClaiM appealed in March 2010 (still awaiting Tribunal date)
Started work June 2010
Had to give up Job due to worsening condition
Reclaimed ESA August 2010
Disallowed ESA under 6 month Rule
Informed DWP six month rule did nt apply because gave up job due to worsening condition.
DWP Paid me arrears of ESA October 2010.
Appointment for Medical Assessment 26/10/2010
Disallowance received today 24/11/2010.
Bit confused- do I send in another appeal form for this claim or can they re-instate due to worsening condition. I was going to phone them to point out that as I am now seeing a consultant and have had a scan and change in medication
this would support the worsening condition case.Does this mean that even if they re-instate I will be attending 2 tribunals ie the one outstanding for claim before I started work and this one for this disallowance? Oh and am having to take my ex-employer to small claims court because he wont pay me my outstanding holiday pay despite ACAS intervention. Things can only get better ...I hope. Thanks for listening Janice
Original ESA claim August 2009
Disallowed ESA ClaiM appealed in March 2010 (still awaiting Tribunal date)
Started work June 2010
Had to give up Job due to worsening condition
Reclaimed ESA August 2010
Disallowed ESA under 6 month Rule
Informed DWP six month rule did nt apply because gave up job due to worsening condition.
DWP Paid me arrears of ESA October 2010.
Appointment for Medical Assessment 26/10/2010
Disallowance received today 24/11/2010.
Bit confused- do I send in another appeal form for this claim or can they re-instate due to worsening condition. I was going to phone them to point out that as I am now seeing a consultant and have had a scan and change in medication
this would support the worsening condition case.Does this mean that even if they re-instate I will be attending 2 tribunals ie the one outstanding for claim before I started work and this one for this disallowance? Oh and am having to take my ex-employer to small claims court because he wont pay me my outstanding holiday pay despite ACAS intervention. Things can only get better ...I hope. Thanks for listening Janice
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- Gordon
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14 years 11 months ago #37429 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Had my latest ESA claim disallowed!! Again!!
Janice
If you appeal this second decision then you would be waiting on two Tribunals
I can't find any reason why you can't claim again by reason of a deteriorating condition, however, you would need a show a deterioration from at best 26/10/2010, the date of your medical, or at worst, the date of the Decision (22/11/2010?).
Given the elapsed time, I have to say this would be difficult to prove unless something very significant had occurred during this time frame.
You should be in receipt of ESA Assessment rate at the moment and this should continue until the second decision is made.
If you are not already, then I would recommend that you seek face to face advice with a suitable adviser.
If you have more questions please come back to us.
Gordon
If you appeal this second decision then you would be waiting on two Tribunals
I can't find any reason why you can't claim again by reason of a deteriorating condition, however, you would need a show a deterioration from at best 26/10/2010, the date of your medical, or at worst, the date of the Decision (22/11/2010?).
Given the elapsed time, I have to say this would be difficult to prove unless something very significant had occurred during this time frame.
You should be in receipt of ESA Assessment rate at the moment and this should continue until the second decision is made.
If you are not already, then I would recommend that you seek face to face advice with a suitable adviser.
If you have more questions please come back to us.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- cdcdi1911
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14 years 11 months ago #37437 by cdcdi1911
Replied by cdcdi1911 on topic Re:Had my latest Esa claim disallowed!! Again!!
Hi Janice
As far as I understand, it should not be necessary to reclaim on the grounds of worsening health. You can simply appeal (again) and ask to be paid at the assessment rate pending an appeal.
I'm not certain about this, but I believe it is possible for you or the DWP to ask for both appeals to be heard together, although this would probably result in another delay.
Hope this is helpful.
Derek
As far as I understand, it should not be necessary to reclaim on the grounds of worsening health. You can simply appeal (again) and ask to be paid at the assessment rate pending an appeal.
I'm not certain about this, but I believe it is possible for you or the DWP to ask for both appeals to be heard together, although this would probably result in another delay.
Hope this is helpful.
Derek
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- angieesa10
14 years 11 months ago #37545 by angieesa10
Replied by angieesa10 on topic Re:Had my latest Esa claim disallowed!! Again!!
Hello there,
I'm so very sorry to hear what you are going through and i'm going through a similiar thing. I would advise claiming ESA at assessment rate if you havent alreadly done so.
Also send any info in as soon as you can.
I hope this helps
I'm so very sorry to hear what you are going through and i'm going through a similiar thing. I would advise claiming ESA at assessment rate if you havent alreadly done so.
Also send any info in as soon as you can.
I hope this helps
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